Irtaf v. Canada (Minister of Citizenship and Immigration), 2003 FCT 8

                                                                    Date: 20030110

                                                               Docket: IMM-1782-02

                                                    Neutral Citation: 2003 FCT 8

Between:

                        CHAUDARY MOHAMMAD IRTAF

                                                                Applicant

                                 - and -

                      THE MINISTER OF CITIZENSHIP

                             AND IMMIGRATION

                                                               Respondent

                          REASONS FOR ORDER

PINARD J.:

   The applicant seeks a mandamus order against the respondent to obtain a decision on his permanent residency application "within the next two months".

   At the time of this application for mandamus, the applicant had not yet received word from the respondent regarding his application for permanent residence. However, on October 2, 2002, permanent residence status was granted to the applicant.

   Because the applicant's application for permanent residence has been approved, there is no longer a reason to hear this case. Applying the two-step test described in Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342, firstly, the required tangible and concrete dispute has disappeared and the issues have become academic. Secondly, there is no reason for the Court to exercise its discretion to hear the case.

   Consequently, the application for mandamus is dismissed. I agree with counsel for the respondent that in the circumstances, the applicant could and should have instructed his counsel to serve and file a Notice of Discontinuance of this application for mandamus in order to prevent the hearing of a moot case. For these special reasons, costs in the amount of two hundred dollars ($200.00) are adjudicated against the applicant, in favour of the respondent.

       JUDGE

OTTAWA, ONTARIO

January 10, 2003

                              FEDERAL COURT OF CANADA

                                  TRIAL DIVISION

                    NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                IMM-1782-02

STYLE OF CAUSE:                       CHAUDARY MOHAMMAD IRTAF v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:              Montréal, Quebec

DATE OF HEARING:              November 21, 2002

REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE PINARD

DATED:                          January 10, 2003

APPEARANCES:

Me Styliani Markaki                         FOR THE APPLICANT

Me Michel Synnott                     FOR THE RESPONDENT

SOLICITORS OF RECORD:

Styliani Markaki                      FOR THE APPLICANT

Avocate

Montreal                       

Morris Rosenberg                      FOR THE RESPONDENT

Deputy Attorney General of Canada

Ottawa, Ontario